Remaking Constitutional Tradition at the Margin of the Empire: The Creation of Legislative Adjudication in Colonial New York
Access StatusFull text of the requested work is not available in DASH at this time ("dark deposit"). For more information on dark deposits, see our FAQ.
MetadataShow full item record
CitationChristine Desan, Remaking Constitutional Tradition at the Margin of the Empire: The Creation of Legislative Adjudication in Colonial New York, 16 Law & Hist. Rev. 257 (1998).
AbstractIn 1750, Archibald Kennedy condemned New York's legislators for their radical constitutional innovation. “They take upon themselves to be the sole judges,” he stormed, and “‘insist… that no order for publick money shall issue, till their judgment has been obtained for it.’” Kennedy meant the charge literally. For almost half a century, New York legislators had preserved their power over the purse by determining claims made against the colony for money. In an arrangement sharply at odds with later legal doctrine on the separation of powers, the legislature—not the courts—had since 1706 settled contract claims for services and materials, demands for military pay and salaries, calls for compensation for the impressment of property, petitions for disability pensions, and a range of other claims.
Citable link to this pagehttp://nrs.harvard.edu/urn-3:HUL.InstRepos:10653424
- HLS Scholarly Articles